Estate planning often involves making difficult decisions, including whether to exclude someone from receiving a portion of your estate. In Kentucky, you can legally disinherit a child, but it requires deliberate and unambiguous language in your will. Without this clarity, your intent may not hold up in court.
How Kentucky law treats disinheritance
Disinheritance refers to the intentional act of excluding someone, such as a child, from your estate plan. Under Kentucky law, this is permitted as long as your will explicitly states your decision. Omitting a child’s name without explanation can lead a probate court to conclude the omission was accidental, resulting in that child receiving a share of the estate anyway.
The importance of precise language
Avoiding ambiguity is essential. Kentucky courts require direct and unmistakable wording to uphold a disinheritance. Simply leaving a child’s name out is insufficient. A better approach would be to write something like, “I intentionally make no provision for my daughter, Emily.” This kind of statement removes doubt and helps prevent challenges to the will’s validity.
Considerations for minor children
While you may disinherit an adult child, the law treats minor children differently. Children under 18 are still entitled to financial support. Even if your will excludes them, a judge may direct funds from your estate toward their care. Once they reach adulthood, however, they have no automatic right to an inheritance unless your will grants it.
Disinheriting a child can lead to emotional and legal complications. Family members may contest your will, particularly if they feel the decision was unfair or unexpected. Including a clear explanation in your estate plan can help reinforce your intentions and reduce the risk of disputes during probate.